[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22370-22371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10009]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-838, A-331-802, A-533-840, A-570-893, A-549-822, A-552-802]


Certain Frozen Warmwater Shrimp From Brazil, Ecuador, India, the 
People's Republic of China, Thailand, and the Socialist Republic of 
Vietnam: Notice of Court Decision Not in Harmony With the Final 
Determinations and Amended Final Determinations of the Antidumping Duty 
Investigations

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 14, 2010, the United States Court of International 
Trade (``CIT'') sustained the remand

[[Page 22371]]

redetermination issued by the Department of Commerce (``Department'') 
pursuant to the CIT's remand order in the final and amended final 
determinations of the antidumping duty investigations of certain frozen 
warmwater shrimp from Brazil, Ecuador, India, the People's Republic of 
China, Thailand, and the Socialist Republic of Vietnam. See Ad Hoc 
Shrimp Trade Action Committee, Versaggi Shrimp Corporation, and Indian 
Ridge Shrimp Company v. United States, Slip Op. 10-39 (CIT 2010) (Ad 
Hoc IV). This case arises out of the Department's final determinations 
\1\ and amended final determinations \2\ in the original 
investigations. Consistent with the decision of the United States Court 
of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. 
v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the 
Department is notifying the public that Ad Hoc IV is not in harmony 
with the Shrimp AD Final Determinations and Shrimp AD Amended Finals 
and Orders.
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    \1\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Frozen and Canned Warmwater Shrimp From Brazil, 69 FR 
76910 (December 23, 2004) (Brazil Final Determination); Notice of 
Final Determination of Sales at Less Than Fair Value: Certain Frozen 
and Canned Warmwater Shrimp From Ecuador, 69 FR 76913 (December 23, 
2004) (Ecuador Final Determination); Notice of Final Determination 
of Sales at Less Than Fair Value and Negative Final Determination of 
Critical Circumstances: Certain Frozen and Canned Warmwater Shrimp 
From India, 69 FR 76916 (December 23, 2004) (India Final 
Determination); Notice of Final Determination of Sales at Less Than 
Fair Value: Certain Frozen and Canned Warmwater Shrimp from the 
People's Republic of China, 69 FR 70997 (December 8, 2004) (China 
Final Determination); Notice of Final Determination of Sales at Less 
Than Fair Value: Certain Frozen and Canned Warmwater Shrimp from 
Thailand, 69 FR 76918 (December 23, 2004) (Thailand Final 
Determination); Final Determination of Sales at Less Than Fair 
Value: Certain Frozen and Canned Warmwater Shrimp From the Socialist 
Republic of Vietnam, 69 FR 71005 (December 8, 2004) (Vietnam Final 
Determination); collectively the Shrimp AD Final Determinations.
    \2\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater 
Shrimp from Brazil, 70 FR 5143 (February 1, 2005) (Brazil Amended 
Final Determination & Order); Notice of Amended Final Determination 
of Sales at Less Than Fair Value and Antidumping Duty Order: Certain 
Frozen Warmwater Shrimp from Ecuador, 70 FR 5156 (February 1, 2005) 
(Ecuador Amended Final Determination & Order); Notice of Amended 
Final Determination of Sales at Less Than Fair Value and Antidumping 
Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147 
(February 1, 2005) (India Amended Final Determination & Order); 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp 
from the People's Republic of China, 70 FR 5149 (February 1, 2005) 
(China Amended Final Determination & Order); Notice of Amended Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Certain Frozen Warmwater Shrimp from Thailand, 70 FR 5145 
(February 1, 2005) (Thailand Amended Final Determination & Order); 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp 
from the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 
2005) (Vietnam Amended Final Determination & Order); collectively, 
the Shrimp AD Amended Finals and Orders.

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DATES: Effective Date: April 28, 2010.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Ave., NW., 
Washington, DC 20230; telephone: (202) 482-2312.

SUPPLEMENTARY INFORMATION:
    On July 1, 2009, the CIT remanded to the Department its decision to 
exclude dusted shrimp from the scope of the investigations, stating 
that the Department's decision was unsupported by adequate reasoning 
and therefore contrary to law. See Ad Hoc Shrimp Trade Action 
Committee, Versaggi Shrimp Corporation, and Indian Ridge Shrimp Company 
v. United States, Slip Op. 09-69 (CIT 2009) (Remand Opinion and Order). 
Pursuant to the CIT's remand instructions, the Department re-examined 
record evidence and considered whether dusted shrimp should be within 
the scope of the investigations.
    The Department released the Draft Results of Redetermination 
Pursuant to Court Remand (Draft Redetermination) to the interested 
parties for comment on September 22, 2009. After receiving and 
considering the comments from interested parties, on October 29, 2009, 
the Department filed its final results of redetermination pursuant to 
the Remand Opinion and Order with the CIT. See Final Results of 
Redetermination Pursuant to Court Remand, Court No. 05-00192, (October 
29, 2009) (Final Redetermination), found at http://ia.ita.doc.gov/remands/09-69.pdf. In the remand redetermination, the Department 
determined that dusted shrimp should properly be included within the 
scope of the Shrimp AD Final Determinations and Shrimp AD Amended 
Finals and Orders.\3\ On April 14, 2010, the CIT affirmed all aspects 
of the Department's remand redetermination.
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    \3\ As is often the case, the amended final determinations and 
antidumping duty orders were written and published as one document. 
Thus, although the amended final determinations and orders may be 
referenced together as the Shrimp AD Amended Finals and Orders, only 
the scope of the Shrimp AD Final Determinations and subsequent 
amended final determinations are at issue in this remand 
determination.
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    In its decision in Timken, 893 F.2d at 341, the Federal Circuit 
held that, pursuant to section 516A(e) of the Tariff Act of 1930, as 
amended (``Act''), the Department must publish a notice of a court 
decision that is not ``in harmony'' with a Department determination, 
and must suspend liquidation of entries pending a ``conclusive'' court 
decision. As a result of the Department's finding that dusted shrimp 
should properly be included within the scope of the Shrimp AD Final 
Determinations and Shrimp AD Amended Finals and Orders, the CIT's 
decision in this case on April 14, 2010, constitutes a final decision 
of that court that is not in harmony with the Department's final and 
amended final determinations of the original investigations. This 
notice is published in fulfillment of the publication requirements of 
Timken. Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal or, if appealed, pending a final and conclusive court 
decision. In the event the CIT's ruling is not appealed or, if 
appealed, upheld by the Federal Circuit, the Department will instruct 
U.S. Customs and Border Protection to collect cash deposits for entries 
of dusted shrimp.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: April 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-10009 Filed 4-27-10; 8:45 am]
BILLING CODE 3510-DS-P